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Prisoners of war to be exchanged States, and between them and
904 Enemies of United States not to sell Killing or wounding on either side, prizes in Tripoline ports—Ame- how punished
905 ricans may
903 Disposition of property of citizen Disputes between citizens of United of U. S. dying in Tripoli 906
Art. 888. There shall be, from the conclusion of this treaty, a firm, inviolable, and universal peace, and a sincere friendship between the president and citizens of the United States of America, on the one part, and the bashaw, bey, and subjects of the regency of Tripoli, in Barbary, on the other, made by the free consent of both parties, and on the terms of the most favoured nation. And if either party shall hereafter grant to any other nation, any particular favour or privilege in navigation or commerce, it shall immediately become common to the other party; freely, where it is freely granted to such other nation; but where the grant is conditional, it shall be at the option of the contracting parties, to accept, alter, or reject such conditions, in such manner as shall be most conducive to their respective interests. (1)
889. If any goods, belonging to any nation with which either of the parties are at war, should be loaded on board vessels belonging to the other party, they shall pass free and unmolested, and no attempts shall be made to take or detain them.(2)
890. If any citizens or subjects, with their effects, belonging to either party, shall be found on board a prize vessel, taken from an enemy by the other party, such citizens or subjects shall be liberated immediately, and their effects, so captured, shall be restored to their lawful owners, or their agents.(3)
891. Proper passports shall immediately be given to the vessels of both the contracting parties, on condition that the vessels of war belonging to the regency of Tripoli, on meeting with merchant vessels belonging to citizens of the United States of America, shall not be permitted to visit them with more than two persons besides the rowers; these two only shall be permitted to go on board said vessel, without first obtaining leave from the commander of said vessel, who shall compare the passport, and immediately permit said vessel to proceed on her voyage; and should any of the said subjects of Tripoli insult or molest the commander, or any other person on board a vessel so visited, or plunder any of the property contained in her, on complaint being made by the consul of the United States of America, resident at Tripoli, and on his producing sufficient proof to substantiate the fact, the commander or rais of 'said Tripoline ship or vessel of war, as well as the offenders, shall be punished in the most exemplary manner.
892. All vessels of war belonging to the United States of America, on meeting with a cruiser belonging to the regency of Tripoli, and having seen her passport and certificate from the consul of the United States of America, residing in the regency, shall permit her to proceed on her cruise unmolested, and without detention. No passport shall be granted by either party to any vessels, but such as are absolutely the property of citizens or subjects of said contracting parties, on any pretence whatever.(4)
893. A citizen or subject of either of the contracting parties, having bought a prize vessel, condemned by the other party, or by any other nation, the certificate of condemnation and bill of sale, shall be a sufficient passport for such vessel for two years; which, considering the distance be
(1) Treaty 4th June, 1805, sec. 1. (2) Ibid. sec. 4.
(3) Ibid. sec. 5. (4) Ibid. sec, 6.
tween the two countries, is no more than a reasonable time for her to procure proper passports (1)
894. Vessels of either party, putting into the ports of the other, and have ing need of provisions or other supplies, they shall be furnished at the market price; and if any such vessel should so put in, from a disaster at sea, and have occasion to repair, she shall be at liberty to land and reimbark her cargo, without paying any duties; but in no case shall she be compelled to land her cargo.(2)
895. Should a vessel of either party be cast on the shore of the other, all proper assistance shall be given to her and her crew. No pillage shall be allowed; the property shall remain at the disposition of the owners, and the crew protected and succoured, till they can be sent to their country (3)
896. If a vessel of either party shall be attacked by an enemy, within gunshot of the forts of the other, she shall be defended as much as possible. If she be in port, she shall not be seized or attacked when it is in the power of the other party to protect her; and when she proceeds to sea, no enemy shall be allowed to pursue her from the same port, within twenty-four hours after her departure.(4) 897. The commerce of the United States of America and the
regency of Tripoli; the protections to be given to merchants, masters of vessels, and seamen; the reciprocal right of establishing consuls in each country, and the privileges, immunities, and jurisdictions, to be enjoyed by such consuls, are declared to be on the same footing, with those of the most favoured nations, respectively.(5)
898. The consul of the United States of America shall not be answer able for debts contracted by citizens of his own nation, unless he previously gives a written obligation so to do.(6)
899. On a vessel of war, belonging to the United States of America, anchoring before the city of Tripoli, the consul is to inform the bashaw of her arrival, and she shall be saluted with twenty-one guns, which she is to return in the same quantity or number.(7)
900. As the government of the United States of America has, in itself, no character of enmity against the laws, religion, or tranquillity of Musselmen, and as the said states never have entered into any voluntary war or act of hostility against any Mahometan nation, except in desence of their just rights to freely navigate the high seas, it is declared by the contracting par: ties, that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two nations. And the consuls and agents of both nations, respectively, shall have liberty to exercise his religion in his own house. All slaves of the same religion shall not be impeded in going to said consul's house at hours of prayer. The consuls shall have liberty and personal security given them, to travel within the territories of each other, both by land and sea, and shall not be prevented from going on board any vessel that they may think proper to visit. They shall have, likewise, the liberty to appoint their own drogaman and brokers.(8)
901. In case of any dispute arising, from the violation of any of the articles of this treaty, no appeal shall be made to arms; nor shall war be declared on any pretext whatever; but if the consul residing at the place where the dispute shall happen, shall not be able to settle the same, the
(1) Treaty 4th June, 1805, sec. 7.
(5) Ibid. sec. 11.
government of that country shall state their grievances in writing, and transmit it to the government of the other; and the period of twelve calendar months shall be allowed for answers to be returned ; during which time no act of hostility shall be permitted by either party; and in case the grievances are not redressed, and war should be the event, the consuls, and citizens or subjects of both parties, reciprocally, shall be permitted to embark with their effects unmolested, on board of what vessel or vessels they shall think proper.(1)
902. If, in the fluctuation of human events, a war should break out be. tween the two nations, the prisoners captured by either party shall not be made slaves, but shall be exchanged, rank for rank. And if there shall be a deficiency on either side, it shall be made up by the payment of five hundred Spanish dollars for each captain, three hundred dollars for each mate and supercargo, and one hundred Spanish dollars for each seaman so wanting. And it is agreed, that prisoners shall be exchanged in twelve months from the time of their capture; and that the exchange may be effected by any private individual legally authorized by either of the parties.(2)
903. If any of the Barbary states, or other powers, at war with the United States of America, shall capture any American vessel, and send her into any of the ports of the regency of Tripoli
, they shall not be permitted to sell her, but shall be obliged to depart the port, on procuring the requisite supplies of provisions ; and no duties shall be exacted on the sale of prizes, captured by vessels sailing under the flag of the United States of America, when brought into any port in the regency of Tripoli.(3)
904. If any of the citizens of the United States, or any person under their protection, shall have any dispute with each other, the consul shall decide between the parties; and whenever the consul shall require any aid or assistance from the government of Tripoli to enforce his decisions, it shall immediately be granted to him; and if any dispute shall arise between any citizens of the United States, and the citizens or subjects of any other nation having a consul or agent in Tripoli, such disputes shall be settled by the consuls or agents of the respective nations.(4)
905. If a citizen of the United States should kill or wound a Tripoline ; or, on the contrary, if a Tripoline should kill or wound a citizen of the United States, the law of the country shall take place, and equal justice shall be rendered, the consul assisting at the trial; and if any delinquent shall make his escape, the consul shall not be answerable for him in any manner whatever.(5)
906. Should any citizen of the United States of America, die within the limits of the regency of Tripoli, the bashaw and his subjects shall not interfere with the property of the deceased, but it shall be under the immediate direction of the consul, unless otherwise disposed of by will. Should there be no consul, the effects shall be deposited in the hands of some person worthy of trust, until the party shall appear who has a right to demand them, when they shall render an account of the property. Neither shall the bashaw or his subjects give hinderance in the execution of any will that may appear.(6)
(1) Treaty 4th June, 1805, sec. 15.
(4) Ibid. sec. 18.
RELATIONS WITH TUNIS.
Peace and amity proclaimed 907 Crews of American merchantmen
to be two-thirds friends of Tunis 919 ty taken on board enemy's vessels
920 to be restored
908 Freedom of commerce in all articles Free vessels make free goods 909 except wine, &c.
921 Passports to be given to vessels 910 Anchorage duty
922 Vessels under convoy to pass on the Provision for establishment of conword of the commanders 911 suls
923 Exactions by vessels of war prohibit- Consuls not answerable for debts of ed-provision for refugee slaves 912 others
924 Documents for prize vessels pur. Provision relative to property of chased
925 Vessels of either entering port of Consul to judge of disputes between the other to have provisions and his fellow citizens
914 Killing or wounding how punished 927 Vessels, wrecks, &c. to be relieved 915 Civil disputes to be tried in preVessels attacked in or near ports of sence of consul, &c.
928 either party to be defended 916 War not to be made until demand Provision relative to salutes
917 and refusal of justice. In case of Provision for freedom of commerce, war, one year allowed to citizens safety of persons and freight of ves
to arrange affairs.
Art. 907. There shall be a perpetual and constant peace between the United States of America and the magnificent pacha, bey of Tunis; and also a permanent friendship, which shall more and more increase.(1)
908. If a vessel of war of the two nations shall make prize of an enemy vessel, in which may be found effects, property, and subjects of the two con. tracting parties, the whole shall be restored. The bey shall restore the property and subjects of the United States, and the latter shall make a reciprocal restoration; it being understood on both sides, that the just right to what is claimed shall be proved.(2)
909. Merchandise belonging to any nation which may be at war with one of the contracting parties, and loaded on board of the vessels of the other, shall pass without molestation, and without any attempt being made to capture or detain it.(3)
910. On both sides sufficient passports shall be given to vessels, that they may be known and treated as friendly; and, considering the distance between the two countries, a term of eighteen months is given, within which term respect shall be paid to the said passports, without requiring the congé or document, (which at Tunis is called testa,) but after the said term the congé shall be presented.(4)
911. If the corsairs of Tunis shall meet at sea with ships of war of the United States, having under their escort merchant vessels of their nation, they shall not be searched or molested; and in such case the commanders shall be believed upon their word, to exempt their ships from being visited, and to avoid quarantine. The American ships of war shall act in like man. ner towards merchant vessels escorted by the corsairs of Tunis.(5)
(1) Treaty 1799, sec. 1.
(4) Ibid. sec. 4.
912. If a Tunisian corsair shall meet with an American vessel, and shall visit it with her boat, two men only shall be allowed to go on board, peaceably, to satisfy themselves of its being American, who, as well as any passengers of other nations they may have on board, shall go free, both them and their goods; and the said two men shall not exact any thing, on pain of being severely punished. In case a slave escapes, and takes refuge on board an American vessel of war, he shall be free, and no demand shall be made either for his restoration or for payment.(1)
913. An American citizen having purchased a prize vessel from our Odgiak, may sail with our passport, which we will deliver for the term of one year; by force of which our corsairs which may meet with her shall respect her; the consul, on his part, shall furnish her with a bill of sale; and, considering the distance of the two countries, this term shall suffice to 'obtain a passport in form. But after the expiration of this term, if our corsairs shall meet with her without the passport of the United States, she shall be stopped and declared good prize, as well the vessel as the cargo and crew.(2)
914. If a vessel of one of the contracting parties shall be obliged to enter into a port of the other, and may have need of provisions and other articles, they shall be granted to her without any difficulty, at the price current at the place; and if such a vessel shall have suffered at sea, and shall have need of repairs, she shall be at liberty to unload, and reload her cargo without being obliged to pay any duty; and the captain shall only be obliged to pay the wages of those whom he shall have employed in loading and unloading the merchandise.(3)
915. If, by accident, and by the permission of God, a vessel of one of the contracting parties shall be cast by tempest upon the coasts of the other, and shall be wrecked, or otherwise damaged, the commandant of the place shall render all possible assistance for its preservation, without allowing any person to make any opposition ; and the proprietor of the effects shall pay the costs of salvage to those who may have been employed.(4)
916. In case a vessel of one of the contracting parties shall be attacked by an enemy under the cannon of the forts of the other party, she shall be defended and protected as much as possible; and when she shall set sail, no enemy shall be permitted to pursue her from the same port, or any other neighbouring port, for forty-eight hours after her departure.(5)
917. When a vessel of war of the United States shall enter the port of the Gouletta, she shall be saluted with twenty-one guns, which salute the vessel of war shall return gun for gun only, and no powder will be given, as men. tioned in the ancient eleventh article of this treaty, which is hereby an. nulled.(6)
918. When citizens of the United States shall come within the dependencies of Tunis, to carry on commerce there, the same respect shall be paid to them which the merchants of other nations enjoy ; and if they wish to establish themselves within our ports, no opposition shall be made thereto, and they shall be free to avail themselves of such interpreters as they may judge necessary, without any obstruction, in conformity with the usages of other nations; and if a Tunisian subject shall go to establish himself within the dependencies of the United States, he shall be treated in like manner. If any Tunisian subject shall freight an American vessel, and load her with
(1) Treaty 1799, sec. 6, as modified (4) Ibid. sec. 9. in 1824.
(5) Ibid. sec. 10. (2) Ibid. sec. 7.
(6) Ibid. sec. 11, as modified in 1824. (3) Ibid. sec. 8.